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Lawsuit Filed Against XPO Over Port Truck Driver Wages and Benefits
XPO Logistics Cartage is being sued by three drivers who claim they were improperly classified as independent contractors instead of as employees. Photo: Port of Long Beach
">A lawsuit filed on behalf of three truck drivers against XPO Logistics Cartage in California alleges that they did not receive proper wages and benefits due to being classified as independent contractors instead of employees.
The lawsuit claims that XPO exerted control over the three drivers as employees, but they were not entitled to the same wages and benefits as employee drivers.
The drivers said they depended on XPO to provide them with work and were expected to follow all of the company's rules. The lawsuit alleges that this constituted a level of control over the independent drivers that prevented them from truly being independent of XPO. In some cases the drivers leased a truck through deals with XPO.
By not being considered employees, the drivers claim they have not received the legal minimum wage in California and are liable for certain expenses which are taken out of their paychecks. The drivers also claim they are also not able to take meal and rest breaks that are required under California law and do not have access to other employee protections such as workers compensation.
A representative of the Harbor Trucking Association, which represents many of the trucking companies servicing the ports in Southern California, told HDT that XPO's size and success has attracted attacks from organizing groups looking to use the company's name to further their cause.
“XPO's tremendous success in the trucking industry has put an incredible organizing target on their backs,” said Weston LaBar, chief executive officer of the HTA. “From all the information I have received, XPO has a great reputation with their drivers and it is a small number of drivers who have signed onto ...Read the rest of this story
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